topic Re: Date of First Deliquency Different for OC and CA in Rebuilding Your Credit

Date of First Deliquency Different for OC and CA

800goal800 — Wed, 14 Apr 2021 01:11:44 GMT

I have a charge off reporting on EQ that has a date of first delinquency as Sept 2014. The coresponding CA is reporting it Nov 2014 which doesn't make sense.

Is this something I should dispute with the CA ?

Re: Date of First Deliquency Different for OC and CA

OmarGB9 — Wed, 14 Apr 2021 01:27:20 GMT

Are you sure you're looking at the Date Of First Delinquency and not the "open date" of the CA?

Re: Date of First Deliquency Different for OC and CA

800goal800 — Wed, 14 Apr 2021 01:31:55 GMT

Yes. DofFD is listed as 11/1/2014 and Date Opened 7/25/2019.
The OC has DofFD as 9/1/2014; Date of Last Payment as 10/1/2014 and Deliquency First Reported as 12/1/2014

Re: Date of First Deliquency Different for OC and CA

Anonymous — Wed, 14 Apr 2021 07:02:48 GMT

Yeah they're not allowed to be different. CA needs to get their act together.

Re: Date of First Deliquency Different for OC and CA

800goal800 — Wed, 14 Apr 2021 14:26:14 GMT

@OmarGB9 @Anonymous

The CA updates monthly but the OC hasn't in years. Is this something I should dispute with the CA ( if at all ) ?

We are starting the mortgage process and don't want to create an issue - these are only on Equifax....EX and TU deleted early.

This information is from a annual credit report from Aug 2020 report. While the CA info is the same, my most recent report shows the OC as:

DofFD: 12/1/2014 as opposed to 9/1/2014 . The date of last payment is still the same as 10/1/2014 and Date Reported changed to 1/30/2021 and Deliquency First Reported is now 1/1/2021. Why would this change and how can the DofFD be 2 months after date of last payment ?

Re: Date of First Deliquency Different for OC and CA

RobertEG — Wed, 14 Apr 2021 21:43:51 GMT

The FCRA provides specific and detailed instructions to debt collectors on how they are to obtain the DOFD on the original credtior account for reporting to the CRA.

FCRA 623(a)(5) sets forth a multi-step process that they should employ.

In a nutshell, they are to first review the consumer's credit report and determine whether the credtior has previously reported the DOFD to the CRA. If they have, such as if they have reported a CO, then the debt collector simply reports that same DOFD to the CRAs.

That is apparently the situation in the posted scenario, and results in the same DOFD.

However, if the credtior has never previously reported the DOFD on the delinquency, the debt collector is then required to personally attempt to contact the creditor and obtain the DOFD from them.

As a final possible step, if contact with the credtior cannot be made or the contact does not provide a statement of DOFD from the credtior, the steps set forth under FCRA 623(a)(5) then, and only then, permit the debt collector to make their own best guesstimate.

Re: Date of First Deliquency Different for OC and CA

800goal800 — Wed, 14 Apr 2021 21:56:41 GMT

@RobertEG @Thank you.
I also noted that the DofFD was updated by the OC from 9/1/2014 to 12/1/2014 a few months ago. Date of last payment is 10/2014.
Any thoughts as to why they would update to a further out date and then how could the DofFD be two months after my last payment ?

Re: Date of First Deliquency Different for OC and CA

Anonymous — Thu, 15 Apr 2021 01:03:04 GMT

Oops

Re: Date of First Deliquency Different for OC and CA

800goal800 — Wed, 14 Apr 2021 23:12:06 GMT

@Anonymous Thanks. Yes they should be falling off this year but based on prior reports I was thinking earlier.
The OC has changed the DofFD from Sep 2014 to Dec 2014 and in both the date of last payment is Oct 2014.

The CA is reporting DofFD as Nov 2014 so depending on which annual credit report that is either before or after what the OC is saying.

If my date of last payment is Oct 2014 according to OC, how can my DofFD be 2 months later.

This is only occurring on EQ. I got EE from TU on both. For EX, I got EE on the CA and the OC had randomly fallen off.

Re: Date of First Deliquency Different for OC and CA

Anonymous — Thu, 15 Apr 2021 01:01:41 GMT

@800goal800 wrote:
@Anonymous Thanks. Yes they should be falling off this year but based on prior reports I was thinking earlier.
The OC has changed the DofFD from Sep 2014 to Dec 2014 and in both the date of last payment is Oct 2014.

The CA is reporting DofFD as Nov 2014 so depending on which annual credit report that is either before or after what the OC is saying.

If my date of last payment is Oct 2014 according to OC, how can my DofFD be 2 months later.

This is only occurring on EQ. I got EE from TU on both. For EX, I got EE on the CA and the OC had randomly fallen off.

@800goal800 this is a nightmare but luckily it's almost over. Do you have documentation conclusively establishing the DoFD? Yeah they can't both be correct, but I'm sure they would default to the OC.

I don't see a problem with the DOFD being two months after your last payment. Isn't that naturally when it would be? You don't make a payment for 30 days and then 30 days after that it's reported.

If the last payment brought it to $0, that's another story. If you have evidence demonstrating the DoFD is inaccurate, then it may be worth disputing it, but you have to decide that.

you Gotta keep in mind what all you've got going on, the fact that this is Equifax of all 3, the dispute time frames, & how much longer it may be reported regardless. only you can decide.

Re: Date of First Deliquency Different for OC and CA

800goal800 — Thu, 15 Apr 2021 01:21:31 GMT

@Anonymous I will probably let sleeping dogs lie but it's a little frustrating to see the DofFD go from Sep 2014 to Dec 2014 out of the blue after 5 years. The other bureaus had Sep 2014 as well.

Re: Date of First Deliquency Different for OC and CA

Anonymous — Thu, 15 Apr 2021 01:54:28 GMT

@800goal800 wrote:
@Anonymous I will probably let sleeping dogs lie but it's a little frustrating to see the DofFD go from Sep 2014 to Dec 2014 out of the blue after 5 years. The other bureaus had Sep 2014 as well.

@800goal800 very frustrating, and if it causes you damages, you could potentially have a remedy, but you definitely have to document everything ad naseum. In the end, maybe more than it's worth.

Re: Date of First Deliquency Different for OC and CA

OmarGB9 — Thu, 15 Apr 2021 05:00:30 GMT

@800goal800 wrote:
@RobertEG @Thank you.
I also noted that the DofFD was updated by the OC from 9/1/2014 to 12/1/2014 a few months ago. Date of last payment is 10/2014.
Any thoughts as to why they would update to a further out date and then how could the DofFD be two months after my last payment ?

It appears you've already reached a decision, but just to clarify, it is possible to have a last payment after DOFD. It's simple: if an account goes delinquent, never comes back current, and then gets subsequently charged off, the day the payment was first missed sets the DOFD. If you were to make a partial payment towards this account, but that payment didn't bring it back current, it'll still count as a payment, but it won't fix the delinquency, and whenever you gave that partial payment would get recorded as the "Last Payment Date."

Re: Date of First Deliquency Different for OC and CA

800goal800 — Thu, 15 Apr 2021 16:48:28 GMT

@OmarGB9 Thanks. I'm just annoyed that DofFD somehow changed after all this time....

Re: Date of First Deliquency Different for OC and CA

Anonymous — Thu, 15 Apr 2021 16:57:19 GMT

@800goal800 wrote:
@OmarGB9 Thanks. I'm just annoyed that DofFD somehow changed after all this time....

@800goal800 no you're absolutely right, it should not have changed and you have every right to fight to have it restored, but you may win the battle and lose the war because you have a time frame within which you need all this done.

you can get it fixed but by then it may have aged off and be too late right? I don't know if you can apply pressure and get it fixed quickly enough without causing more problems. You're right but can you get it fixed in time without more issues?

Re: Date of First Deliquency Different for OC and CA

gdale6 — Thu, 15 Apr 2021 18:12:01 GMT

At this point since its from 2014 I would let sleeping dogs lie as far as a dispute with anyone and look at getting the EE out of the CRAs instead. You also say the CA updates monthly so this must be unpaid?? If it has been settled then updating per CRA rules is to stop once the balance is updated to 0. I also want to let you know that if the mortgage loan is over 150K then the mortage servicer can pull (at their discretion) what is known as a full factual credit report with can still show the unpaid debt past the 7.5 yrs allowed for a normal credit report.

Re: Date of First Deliquency Different for OC and CA

Anonymous — Thu, 15 Apr 2021 18:19:23 GMT

That is true, then they can go up to 10 years.

Re: Date of First Deliquency Different for OC and CA

800goal800 — Thu, 15 Apr 2021 19:01:14 GMT

I'm not familiar with the factual report. How does it stay on their for 10 years ? Do the OC and CA's report to them directly ?

Re: Date of First Deliquency Different for OC and CA

Anonymous — Thu, 15 Apr 2021 20:07:03 GMT

@800goal800 wrote:
I'm not familiar with the factual report. How does it stay on their for 10 years ? Do the OC and CA's report to them directly ?

@800goal800 no, the same statute that places the 7 year timeframe makes an exception for reports for transactions that involve amounts of $150,000 or higher.

Rarely do you hear of lenders asking for a 10 year report, but bureaus are simply prohibited from including information after 7 years, unless this provision is invoked and then they can include information up to 10 years old.

Re: Date of First Deliquency Different for OC and CA

RobertEG — Thu, 15 Apr 2021 20:07:13 GMT

Exclusion of derogs, such as collections and charge-offs, is imposed upon the CRAs under the provisions of FCRA 605(a).

It does not delete the derogs from your credit file, it only mandates that a CRA cannot (normally) continue to include the derogatory information in credit reports they issue after the expiration of the exclusion peiod.

However, none of the exclusion provisions of section 605(a) are absolute. FCRA 605(b) explicitly removes all of the exclusion provisions of section 605(a) under very specfic and limited situations, such as when a credit inquiry is made regarding a consumer-initiated request for credit or insurance with a principal value of $150K or more.

If the inquiree includes a showing that the inquiry is being requested for review of a consumer-initiated request for credit of $150K or more, the CRA can provide them a special credit report that includes any and all normally excluded information.

While the credit lobby was able to get that exclusion included as part of the FCRA, it has not, over time, been used to any substantive extent by credtiors. In my decade and a half of active time here in the forums, I have seen only a handful of anecdotal posts stating that a consumer has been subjected to request for such a credit report.

It is essentially a provision of law which, while still in effect, is routinely not pursued.